Court Case Record ILIDIO CRUZ vs. SMITH & WESSON 2011-J-0362

ILIDIO CRUZ vs. SMITH & WESSON Court Case Record

Court Case Number: 2011-J-0362

Case Number2011-J-0362
Case TypeCivil
StateMassachusetts, MA
CountyInd Accident Rev Bd
CourtInd Accident Rev Bd
Court Address
Field Date08/12/2011
Close Date02/10/2012


Katherine L. Lamondia-Wrinkle, EsquireIlidio CruzPlaintiff/Petitioner
, EsquireSmith & WessonDefendant/Respondent
Entry Date Paper Entry Text
08/12/2011 #1 Motion to docket appeal late, filed by Ilidio Cruz.
08/19/2011 #2 Opposition to paper #1, filed by Smith & Wesson.
08/19/2011 #3 RE#1: Action on the within is stayed pending action by the Department of Industrial Accident Review Board on defendant's Motion to Dismiss. A status report is to be filed on or before 9/19/11. This single justice will retain jurisdiction of this matter. (Rubin, J.) *Notice/Attest.
09/19/2011 #4 Copy of Memorandum and Order on Self-Insurer's Motion to Dismiss, received from Attorney John J. Canniff.*
02/10/2012 ORDER: I have before me a petition to enlarge time to docket an appeal from a decision of the reviewing board for the Department of Industrial Accidents. At the same time that the self insurer filed an objection to this petition, it also filed a motion before the reviewing board to dismiss the appeal for failure to comply with rule 10A. Action on this petition was stayed pending the resolution of that motion before the reviewing board. The reviewing board has issued its decision on that motion and an order dismissing the petitioner's appeal. That dismissal has been appealed to this court has been entered on the panel docket in 11-P-1769. The petition states that "Attorney Boyd on [petitioner's] behalf filed an appeal of the action of the Reviewing Board in the Appeals Court." This would be consistent with the requirement of G. L. c. 152, ยง 12(2), which provides that "Any appeal from a decision by a reviewing board shall be taken pursuant to section fourteen of chapter thirty A, except that such appeal shall be filed with the appeals court of the commonwealth." I am referring the petition to the panel in No. 11-P-1769 so that, in the event that panel should determine that the order of dismissal by the Reviewing Board was of no effect because it is without power to dismiss an appeal filed in this court as required by law a question on which I express no opinion it may determine its merits in the first instance. (Rubin, J.) *Notice/Attest.
02/10/2012 Memo: Case file of 11-J-362 filed with 11-P-1769.